§ 39.5-7. Regulation of smoking by private employers.

(a)

Private employers may regulate smoking in the private workplace in whatever manner they deem appropriate, provided the following circumstances apply:

(1)

If the designation of smoking and no-smoking areas is the subject of a written agreement between the employer and his employees, the provisions of the written agreement shall control such designation; and

(2)

A total ban on smoking in any workplace shall only be enforced by the employer upon an affirmative vote of a majority of the affected employees voting, unless such ban is the subject of a contract of employment between the employer and the employees as a prior condition of employment.

(b)

The provisions of this section shall not affect any no-smoking policies established by employers prior to December 1, 2009.

(Ord. No. 43,697, § 1, 12-15-09)

(Ord. No. 43,697, § 1, 12-15-09)